GR 49280; (February, 1981) (Digest)
G.R. No. L-49280 February 26, 1981
LUZ G. CRISTOBAL, petitioner, vs. EMPLOYEES COMPENSATION COMMISSION and GOVERNMENT SERVICE INSURANCE SYSTEM (National Science Development Board), respondents.
FACTS
The petitioner, Luz G. Cristobal, is the widow of Fortunato Cristobal, who died of rectal cancer on May 27, 1977. He entered government service in 1964, free from disease, and worked as a supervising information officer at the National Science Development Board’s printing department. In this role, he was exposed to various chemicals, intense heat, and unhygienic conditions. The Employees’ Compensation Commission (ECC) and the Government Service Insurance System (GSIS) denied her claim for death benefits, arguing the illness was not an occupational disease and no direct causal link to his work was proven.
ISSUE
The primary issue is whether the deceased’s rectal cancer is compensable under the Employees’ Compensation Act (PD 626), despite not being a listed occupational disease, based on the theory of increased risk due to working conditions.
RULING
The Court ruled in favor of the petitioner, affirming the compensability of the claim. The legal logic centers on the application of the “increased risk” theory under PD 626. For a non-listed illness like rectal cancer, the claimant must show proof that the risk of contracting the disease was increased by the working conditions. The Court held that the degree of proof required is not the strict, direct causal connection demanded by the respondents but substantial or clear and convincing evidence.
The evidence presented—including an affidavit from a co-worker detailing the deceased’s exposure to chemicals and unhygienic practices, a medical certificate noting aggravation from work conditions, and the fact that the disease supervened during employment—was deemed sufficient. The Court emphasized that the etiology of rectal cancer is unknown, making direct causation impossible to prove. The liberality of the law in evidence and the principle of compensability favor the worker when a reasonable work-connection is established. The working conditions involving chemical exposure were recognized as predisposing factors, thereby increasing the risk. The award of benefits, including increased funeral expenses to P1,000.00 pursuant to PD 1146, and attorney’s fees, was upheld as proper.